Kundan Singh @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53999 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.
KUNDAN SINGH @ KUNDAN KUMAR S/o JAIRAM SINGH R/o VILLAGE-NIMI, P.S-SHEIKHOPUR SARAI, DISTRICT-SHEKHPURA. 2.
MUKUL KUMAR @ KUNAL S/o KUNDAN SINGH R/o VILLAGENIMI, P.S-SHEIKHOPUR SARAI, DISTRICT-SHEKHPURA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma Mr.Vikash Kumar For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard the parties.
Petitioners seek regular bail in connection with Sheikhopur Sarai PS Case No. 50 of 2020 registered under Sections 147 / 341 / 323 / 324 / 325 / 307 / 379 / 504 and 506 of the IPC .
Petitioners have allegedly assaulted the son of the informant by means of spade on his head, shoulder and hand.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.53999 of 2021(2) dt.12-05-2022 2/3 petitioner no. 1 - Kundan Singh @ Kundan Kumar is the brother of the informant and the petitioner no. 2 / Mukul Kumar @ Kunal is the nephew of the informant and there is admitted land dispute between them. He next submits that there is case and counter case between the parties inasmuch as for an offence which has taken place on the same date and time a counter case has been lodged by the side of the petitioners vide Sheikhopur Sarai PS Case No. 51 / 2020. Petitioners are in custody since 8/7/2021, charge sheet has already been submitted and during the course of trial the informant has not supported the prosecution story.
Regard being had to the submissions made by the parties, taking into consideration the material on record, the fact that both the parties are own brother, there is land dispute between them, charge sheet has already been submitted and petitioners are in custody since 8-7-2021, as such, I am inclined to grant regular bail to the petitioners. Let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.53999 of 2021(2) dt.12-05-2022 3/3 Magistrate, Shekhpura / court concerned in connection with Shekhopur Sarai PS Case No. 50 of 2020.
(Anil Kumar Sinha, J) praful/- U T